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UKSolicitorJA, Solicitor

Category: UK Employment Law

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Experience: solicitor

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My company launched a special early retirement package for

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My company launched a special early retirement package for all in September. Final salary figures were issued to every one who wanted them in October with a registration of interest form which was returned on time. There is a caveat in the application concerning operational need. In some parts of the company (hourly) it is based on age and service, in others (salary) it is not. Other employees (salary) of similar age and service length have been granted SER but all registered applicants in my area have been rejected due to a decision taken by one person. I contacted my HR manager and the person who blocked my application setting out a case for why I thought that I was an ideal candidate. No reply from HR manager and a curt reply from the other manager. At age 62 with 35 years eleven months service there can't be many other employees that idealy fit the bill. It is an optimum time for me to leave the company under this offer. I feel as though I have been disadvantaged compared to other employees. Is there a case for indirect discrimination?

Discrimination occurs when you are treated less favourably from someone else because of a personal characteristic e.g. age, sex, race, nationality, disability, marital status.

In your case it would not be discrimination I am afraid unless you are being treated less favourably because of your age, which does not appear to be the case here.

The reasons cited are operational needs which the employer may be able to justify.

You may raise a formal grievance and your empployer would need to go through a formal process with you. You may be able to convince your employer that you are a good candidate for SER, but you cannot force them to select you.

Is special early retirement the same as voluntry redundancy? I ask this question because my manager has said the reason I can't leave is because the company can't back fill my position if they go to the Government and claim funding. I can understand this for redundancy but for early retirement with enhancements I just don't know. Can you please advise?